Gevalt v. Diwoky

In July, 1944, the defendant, an army officer who expected to be stationed in Boston for about six months, bought and caused to be conveyed to him a house and lot of land in Boston which the plaintiff had for sale as a real estate broker. An inducement for his purchase apparently was a written contract, dated July 15, 1944, by which the defendant agreed to sell and the plaintiff agreed to buy the same premises, subject to an existing cooperative bank mortgage, “on or before” January 15,1945, for $1,500, upon which the plaintiff made a deposit of $500.

The defendant was not transferred…